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Labor & Employment Law

New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

Post Frequency: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Terminating a probationary employee without providing him or her with a pre-termination administrative hearing

Posted on May 25, 2010
Terminating a probationary employee without providing him or her with a pre-termination administrative hearingJohnson v City of New York, 281 A.D.2d 322Elaine Johnson, a probationary employee, challenged her termination from her position as a Caseworker with the New York City Administration for Children?s Services [ACS]...

Employee?s resignation rescinded based on Supreme Court's finding that it was coerced

Posted on May 24, 2010
Employee?s resignation rescinded based on Supreme Court's finding that it was coercedMiller v New York City Dept. of Education, 2010 NY Slip Op 31210(U), May 11, 2010, Supreme Court, New York County, Judge Jane S. Solomon [Not selected for publication in the Official Reports]The general rule is that once the public officer or employee delivers his or her resignation to the appointing authority or appointing authority's designee, approval of a request to withdraw or rescind the resignation is subject to the discretionary approval of the appointing authority...

Employee's dismissal for not taking scheduled lunch breaks held disqualifying misconduct for the purposes of qualifying for UI benefits

Posted on May 24, 2010
Employee's dismissal for not taking scheduled lunch breaks held disqualifying misconduct for the purposes of qualifying for UI benefitsGil v Commissioner of Labor, 2010 NY Slip Op 04312, decided on May 20, 2010, Appellate Division, Third DepartmentThe Appellate Division confirmed a determination by the Unemployment Insurance Appeals Board denying benefits to Teresa D...

New Disability, Health and Leave Management law blog announced

Posted on May 24, 2010
New Disability, Health and Leave Management law blog announcedSource: Jackson Lewis, a law firmJackson Lewis announced the launch of its newest law blog, the Disability, Health and Leave Management Blog.Jackson Lewis indicated that the blog will be updated frequently and address cutting-edge issues in the very dynamic areas of disability, leave and health management law...

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Who reads New York Public Personnel Law?

Posted on May 21, 2010
Who reads New York Public Personnel Law?Source: ?Blog Search? by JustiaHow many readers does NYPPL have?Apparently enough to make it the most popular of the 43 blogs in Justia's ?Government Law Blogs? category. NYPPL has learned that it has been rated [at least for now] the most popular of those in this category ?for all time...

School board's attempt to remove one of its members for neglect of duty rejected by Commissioner of Education

Posted on May 21, 2010
School board's attempt to remove one of its members for neglect of duty rejected by Commissioner of EducationApplication of the Board of Education of the City School District of the City of Elmira for the removal of Dianna Brewer-Jackson as a member of the board...

The statute of limitations to challenge an administrative decision starts to run when the determination becomes ?final and binding?

Posted on May 21, 2010
The statute of limitations to challenge an administrative decision starts to run when the determination becomes ?final and binding?Fager v Board of Educ., Rochester City School Dist., 2010 NY Slip Op 04003, decided on May 7, 2010, Appellate Division, Fourth DepartmentKevin Fager appealed the Supreme Court?s dismissal of his Article 78 petition after Supreme Court ruled that was untimely...

Summary of the New York State Civil Service Law

Posted on May 21, 2010
Summary of the New York State Civil Service LawSource: New York State Department of Civil ServiceThe New York Department of Civil Service has published a Summary of the New York State Civil Service Law.The Department describes the publication as a ?newly-revised guide summarizes important aspects of the statutory basis for our State's merit system of public employment...

Legal Alert

Posted on May 21, 2010
Harris Beach, a law firm, has posted a ?Legal Alert? on its web site entitled ?Proposed Legislation to Improve New York?s Race to the Top Fund Application Also Changes Teacher Evaluation and Discipline Process."The text of the Alert is on the Internet at: http://www...

Failing to report wrongful conduct by another member of the Police Department results in a forfeiture of 30 days of vacation credits

Posted on May 20, 2010
Failing to report wrongful conduct by another member of the Police Department results in a forfeiture of 30 days of vacation creditsMatter of D'Andrea, et al v Kelly, 2010 NY Slip Op 04234, decided on May 18, 2010, Appellate Division, First DepartmentNew York City Police Commissioner found Gary D?Andrea and a number of other police officers serving with the Department, guilty of failing to report wrongful conduct by another member of the Police Department...

Adverse references to FMLA leave usage sufficient to defeat employer's claim that it terminated employee for performance deficiencies

Posted on May 20, 2010
Adverse references to FMLA leave usage sufficient to defeat employer's claim that it terminated employee for performance deficienciesGoelzer v. Sheboygan County, Wisconsin, No. 09-2283 (7th Cir. May 12, 2010) Source: The FMLA Blog - http://federalfmla...

Reargument of the issues presented in a prior appeal to the Commissioner of Education is not a basis for reopening the earlier appeal

Posted on May 19, 2010
Reargument of the issues presented in a prior appeal to the Commissioner of Education is not a basis for reopening the earlier appealApplication of Janet C. Wilson to reopen an appeal from action of the Board of Education of the Harborfields Central School District, Decision No...

Police officer to receive full �207-c while simultaneously receiving SSDI benefits

Posted on May 19, 2010
Police officer to receive full �207-c while simultaneously receiving SSDI benefitsMatter of McCaffrey v Town of E. Fishkill, 42 A.D.3d 22General Municipal Law �207-c(1) provides for the continuation salary payments to a police officer injured in the line of duty until such time as the officer is able to return to full duty or, in some instances, limited duty...

Employers must fully consider the use and misuse of social media in relation to personnel decisions

Posted on May 19, 2010
Employers must fully consider the use and misuse of social media in relation to personnel decisionsSource: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright � 2010 AELEA prominent law firm has noted that social media now permeates the entire life cycle of employment: during pre-employment inquiries, throughout the period of employment, and after separation from employment...

As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposed

Posted on May 18, 2010
As 2 of the 7 charges were not supported by substantial evidence, appointing authority directed to reconsider the disciplinary penalty imposedMason v Board of Fire Commissioners of Jericho Fire District, 2010 NY Slip Op 04199, Decided on May 11, 2010, Appellate Division, Second DepartmentA disciplinary hearing officer found volunteer firefighter Keith Mason guilty of seven charges of misconduct and recommended the termination of his membership with the Jericho Fire District...

County not required to defend or indemnify an employee being sued if alleged act or omission was not within the scope of the employee?s duties

Posted on May 18, 2010
County not required to defend or indemnify an employee being sued if alleged act or omission was not within the scope of the employee?s dutiesRew v County of Niagara, 2010 NY Slip Op 04009, decided on May 7, 2010, Appellate Division, Fourth DepartmentPublic Officers Law �17, with respect to State officers and employees and Public Officers Law �18, with respect to officers and employees of political subdivisions of the State, provide for the defense and indemnification of such persons being sued as a result of an act or omission in the performance of their official duties...

Dismissed probationer has the burden of showing the termination was for an unlawful or other improper conduct

Posted on May 18, 2010
Dismissed probationer has the burden of showing the termination was for an unlawful or other improper conductJohnson v New York City Dept. of Education, 2010 NY Slip Op 04195, decided on May 11, 2010, Appellate Division, Second DepartmentCiting Matter of Swinton v Safir, 93 NY2d 758, the Appellate Division said ?A probationary employee may be discharged without a hearing* and without a statement of reasons in the absence of a demonstration that the termination was in bad faith, for a constitutionally impermissible or an illegal purpose, or in violation of statutory or decisional law...

Mere conclusion that individual was properly appointed to public office insufficient to establish a standing to sue

Posted on May 17, 2010
Mere conclusion that individual was properly appointed to public office insufficient to establish a standing to sueBrown v Foster, 2010 NY Slip Op 04185, Decided on May 11, 2010, Appellate Division, Second DepartmentMary F. Foster, as Mayor of the City of Peekskill, directed Leesther Brown ?to refrain from exercising the duties and responsibilities of the offices of Commissioner and Chairperson of the City of Peekskill Housing Authority Board as the certificates of her appointment to those offices had not been filed with the Commissioner of the New York State Division of Housing and Community Renewal...

Appointing authority must diligent in avoiding even the appearance of any personal involvement in make a disciplinary determination

Posted on May 17, 2010
Appointing authority must be diligent in avoiding even the appearance of any personal involvement in make a disciplinary determinationMatter of Baker v Poughkeepsie City School Dist., 2010 NY Slip Op 04184, decided on May 11, 2010, Appellate Division, Second DepartmentThe Board of Education of the Poughkeepsie City School District, after receiving and adopting the findings and recommendations of a hearing officer, dismissed Jeffrey Baker from his position...

Federal District Court issues TRO

Posted on May 16, 2010
Federal District Court issues TRO baring the furloughing of state workers by Executive OrderDonohue v Paterson, USDC, Northern District of New York, CV-00543A federal district court judge, concluding that the unions' actions alleging proposed actions by the Governor would violate the rights of the employees they represent in violation of Article I...

Federal District Court issues TRO baring the furloughing of state workers by Executive Order

Posted on May 14, 2010
Federal District Court issues TRO baring the furloughing of state workers by Executive OrderDonohue v Paterson, USDC, Northern District of New York, CV-00543A federal district court judge, holding that the union's action alleging proposed actions by the Governor would violate the rights of the employees they represent in violation of Article of the U...

Incumbent serving a term appointment not reappointed for a succeeding term serves as a ?holdover? until replaced or terminated from the position

Posted on May 13, 2010
Incumbent serving a term appointment not reappointed for a succeeding term serves as a ?holdover? until replaced or terminated from the position Slagle v Keeney, 2010 NY Slip Op 04004, Decided on May 7, 2010, Appellate Division, Fourth DepartmentRichard E...

Alleged abolishment of positions in violation of a provision in a CBA held to be subject to grievance arbitration

Posted on May 13, 2010
Alleged abolishment of positions in violation of a provision in a CBA held to be subject to grievance arbitrationMatter of Johnson City Professional Firefighters Local 921 v Village of Johnson City, 2010 NY Slip Op 02890, Decided on April 8, 2010, Appellate Division, Third DepartmentSupreme Court, Broome County, denied the Village of Johnson City?s petition to stay arbitration between the parties concerning the Village?s abolishment of certain firefighter positions...

A probationary employee may terminated without a hearing or explanation absent dismissal in violation of law or for an unconstitutional purpose

Posted on May 12, 2010
A probationary employee may terminated without a hearing or explanation absent dismissal in violation of law or for an unconstitutional purposeMatter of Bienz v Kelly, 2010 NY Slip Op 04035, decided on May 11, 2010, Appellate Division, First DepartmentNew York City Police Commissioner Raymond Kelly terminated probationary police officer Christopher E...

Education Law �3813 notice of claim involving a ?a matter of personal interest? distinguished from vindicating a ?matter of public interest?

Posted on May 12, 2010
Education Law �3813 notice of claim involving a ?a matter of personal interest? distinguished from vindicating a ?matter of public interest?Matter of Harris v Board of Educ., Union Springs Cent. School Dist., 2010 NY Slip Op 03996, Decided on May 7, 2010, Appellate Division, Fourth DepartmentThe Appellate Division confirm the determination of the Union Springs Central School District?s Board of Education?s dismissing Thomas Harris from his position of a school bus driver noting that the Board ?was not bound by the Hearing Officer's recommendation in determining the appropriate penalty...

California Supreme Court truncates of the finality of arbitration awards

Posted on May 12, 2010
California Supreme Court truncates of the finality of arbitration awardsSource: Source: Meyers Nave PLC. Reproduced with permission. Copyright � 2010, Meyers Nave. All rights reserved. By Louis Klein and Nancy Park; May 7, 2010A recent California Supreme Court decision has created an air of less certainty surrounding the finality of arbitration awards...

Guidelines applicable in selecting or rejecting applicants for employment having a criminal record

Posted on May 11, 2010
Guidelines applicable in selecting or rejecting applicants for employment having a criminal recordMatter of Boatman v New York State Dept. of Educ., 2010 NY Slip Op 03523, decided on April 29, 2010, Appellate Division, Third DepartmentCorrection Law �752 bars the denial of a license or employment application based solely upon an applicant's criminal record unless there is "a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought" (Correction Law �752 [1]), or where granting the license or employment application would "involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public...

The jurisdiction and authority of the Commissioner to grant relief in adjudicating an appeal filed pursuant to �310 of the Education Law

Posted on May 11, 2010
The jurisdiction and authority of the Commissioner to grant relief in adjudicating an appeal filed pursuant to �310 of the Education LawAppeal of P. Stephen Lamont from action of the Board of Education of the City School District of the City of Rye, Clarita Zeppie, principal, and Cari Caulway, teacher, regarding employee discipline...

Settlement cannot be withdrawn even though it was not approved by employer

Posted on May 11, 2010
Settlement cannot be withdrawn even though it was not approved by employerSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Misuse of employer?s computer results in suspension without pay for 90 days

Posted on May 11, 2010
Misuse of employer?s computer results in suspension without pay for 90 daysSource: Newspaper reportFollowing an investigation by State Police, a tenured school teacher was arrested and charged with the Unauthorized Use of a Computer, a Class A misdemeanor...

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